SC Upholds Assam's Special Citizenship Law: A 4:1 Verdict

Section 6A Overview and Historical Context

• Part of Citizenship Act, 1955, introduced through 1985 Assam Accord
• Addresses illegal immigration from Bangladesh into Assam
• Grants citizenship to migrants who entered before January 1, 1966
• Special provisions for those arriving between January 1966 and March 1971
• Cut-off date of March 25, 1971, coincides with Bangladesh Liberation War
• 17,861 migrants received citizenship under this provision

Supreme Court's Majority Verdict

• 4:1 ruling upholds constitutional validity
• Chief Justice DY Chandrachud leads majority opinion
• Justices Surya Kant, MM Sundresh, and Manoj Misra concur
• Court affirms Parliament's legislative competence
• Views Assam Accord as political solution to migration issue
• Recognizes unique impact of migration on Assam compared to other border states
• Emphasizes balance between humanitarian needs and state's cultural interests

Implementation and Enforcement Directives

• Court acknowledges concerns about ongoing illegal immigration
• Calls for stricter enforcement of existing laws
• Recommends judicial monitoring of immigration laws
• Directs effective implementation of Immigrants Expulsion Act
• Emphasizes need for proper detection and deportation mechanisms
• Notes inadequacy of current statutory machinery and tribunals
• Suggests continuous monitoring by Supreme Court

Dissenting View and Key Arguments

• Justice Pardiwala's lone dissent declares Section 6A unconstitutional
• Questions provision's effectiveness in curbing illegal migration
• Argues creation of 1966-1971 category was politically motivated
• Suggests provision has become unconstitutional over time
• Points out absence of sunset clause
• Criticizes state intervention method for detecting foreigners
• Raises concerns about ongoing demographic changes